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Wednesday, August 10, 2011

What prevents the Feds from just repealing something?

I'm not talking about Obamacare (which needs repealing too) but I'm talking about No Child Left Behind. It was a stupid idea from the start--a federal government takeover of the United States' public school systems (and yes, actually Bush the Younger's fault). And now, Arne Duncan, the former head of one of the most dysfunctional and in-debt school districts in the country (Chicago), is now declaring that 82% of schools are going to receive waivers from meeting the student testing requirments of the law. Congress apparently can't get off its collective ass to fix the monstrocity and so the executive branch is waiving that magic waiver fond of which they are so fond, to make the requirements disappear into the ether.

I am very tired of poorly written and executed laws having to be 'waived' (aka selectively enforced) in order to work. If any government entity has to 'waive' the enforcement of the laws of the land, then those laws should be repealed, defunded, and otherwise made NOT the law of the land, by regulation or any other government fiat, until Congress can create a new law that doesn't need waivers and that can be applied equally to all. Equal protection under the law is explicit in the 14th Amendment and waivers have no place here in the US.

This would not apply to laws that the DOJ CHOOSES not to enforce, such as allowing straw purchases of firearms to further a political agenda or allowing Black Panthers to engage in voter intimidation.